Elvin Feltner
Encyclopedia
Clarence Elvin Feltner, Jr, (born August 29, 1929 in Krypton, Kentucky) is an American film producer
, television broadcaster
and telecommunications entrepreneur
. He is best known for producing the cult film Carnival Magic
, for his role in a landmark copyright infringement decision v. Columbia Television, and as the owner of a significant private film collection.
, according to a 2010 Boston Globe article.)
He served as Executive Producer of the 1964 film Teen-Age Strangler
(aka Terror In The Night), and producer of the 1981 children’s movie and cult favorite Carnival Magic
.
He is the author of the self-help book “Winning Is Everything, Losing is Nothing: For Nice Folks Who Want To Finish First”, published in 1981 by Chelsea House.
He provided the seed capital for the RFD-TV
Network, was a partner in Palm Beach Films, Inc, and is a former owner of the United States Basketball League
team The Palm Beach Stingrays.
, Inc, for copyright infringement
. For a complete description, see Feltner v. Columbia Pictures Television, Inc. (1998)
. The case, which spent seven years in the courts and went as high as the Supreme Court
, became notable for two reasons: 1) Feltner asserted that Columbia was not the exclusive licensee of the series in question at the time they filed the lawsuit (and therefore lacked standing under the Copyright Act); and 2) following the District Court’s decision in favor of Columbia, Feltner appealed the decision, insisting that a jury
should decide the amount of the damages assessed instead. Eventually, The Supreme Court reversed the District Court’s decision, holding that the Seventh Amendment guaranteed Feltner the right to a jury trial "on all issues pertinent to an award of statutory damages under §§ 504(c) of the Copyright Act
, including the amount itself."
The decision ultimately backfired on Feltner, however, as the jury awarded damages to Columbia in an amount that was almost four times greater than the initial award. In both cases, it was the largest statutory damages
verdict in history.
, contributing bonus material, commentary and a rare sit-down interview. He also introduced the film at an art-house premiere in Austin, Texas
, that same year. According to The New York Times
, he is listed as being involved in producing a remake of Meet John Doe
, but this is unverified.
on Wikipedia
.
Film producer
A film producer oversees and delivers a film project to all relevant parties while preserving the integrity, voice and vision of the film. They will also often take on some financial risk by using their own money, especially during the pre-production period, before a film is fully financed.The...
, television broadcaster
Presenter
A presenter, or host , is a person or organization responsible for running an event. A museum or university, for example, may be the presenter or host of an exhibit. Likewise, a master of ceremonies is a person that hosts or presents a show...
and telecommunications entrepreneur
Entrepreneur
An entrepreneur is an owner or manager of a business enterprise who makes money through risk and initiative.The term was originally a loanword from French and was first defined by the Irish-French economist Richard Cantillon. Entrepreneur in English is a term applied to a person who is willing to...
. He is best known for producing the cult film Carnival Magic
Carnival Magic (film)
Carnival Magic is a 1981 American film directed by Al Adamson and starring Don Stewart. Originally intended as a family-oriented children’s film, it has since gained a cult following in underground and B movie film circles due to its surreal plot and incongruously-adult themes.-Plot:Markov the...
, for his role in a landmark copyright infringement decision v. Columbia Television, and as the owner of a significant private film collection.
Career
Feltner’s lengthy career in telecommunications and film began as an instructor at The RCA Institute For TV Production in New York City. He later founded Krypton International Corp, which owned/operated independent television stations in the southeastern United States. He spent decades amassing one of the larger known independent film collections in the world. “I’ve been buying up rights to films for 22 years,” he told Inc Magazine in 1985. (The collection was recently “rescued” by the New York-based company Film ChestFilm Chest
Film Chest, is a privately-held media company that specializes in the archiving, restoring, licensing and distribution of films. It has offices in New York, NY, and Rockport, MA....
, according to a 2010 Boston Globe article.)
He served as Executive Producer of the 1964 film Teen-Age Strangler
Teen-Age Strangler
Teen-Age Strangler is a 1964 crime drama film. It was featured on a Season 5 episode of Mystery Science Theater 3000 .- DVD releases :...
(aka Terror In The Night), and producer of the 1981 children’s movie and cult favorite Carnival Magic
Carnival Magic (film)
Carnival Magic is a 1981 American film directed by Al Adamson and starring Don Stewart. Originally intended as a family-oriented children’s film, it has since gained a cult following in underground and B movie film circles due to its surreal plot and incongruously-adult themes.-Plot:Markov the...
.
He is the author of the self-help book “Winning Is Everything, Losing is Nothing: For Nice Folks Who Want To Finish First”, published in 1981 by Chelsea House.
He provided the seed capital for the RFD-TV
RFD-TV
RFD-TV, or Rural Free Delivery TV, is a United States satellite and cable television channel devoted to rural issues, concerns, and interests. The channel's name is a reference to Rural Free Delivery, the name for the United States Postal Service's system of delivering mail directly to rural patrons...
Network, was a partner in Palm Beach Films, Inc, and is a former owner of the United States Basketball League
United States Basketball League
The United States Basketball League , often abbreviated to the USBL, was a professional men's spring basketball league. The league was formed in 1985. The final champions are the Kansas Cagerz, who won the title game on July 1, 2007.-History:...
team The Palm Beach Stingrays.
Lawsuit
In 1991, Feltner was a defendant in a lawsuit v. Columbia Pictures TelevisionColumbia Pictures Television
Columbia Pictures Television was the second name of the Columbia Pictures television division Screen Gems . The studio changed its name on September 4, 1974.-1974-1982:...
, Inc, for copyright infringement
Copyright infringement
Copyright infringement is the unauthorized or prohibited use of works under copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.- "Piracy" :...
. For a complete description, see Feltner v. Columbia Pictures Television, Inc. (1998)
Feltner v. Columbia Pictures Television, Inc.
Feltner v. Columbia Pictures Television, Inc., 523 U.S. 340 , was a case in which the Supreme Court of the United States ruled, deciding, where there is to be an award of statutory damages in a copyright infringement case, if there is a right to demand a jury trial.C...
. The case, which spent seven years in the courts and went as high as the Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
, became notable for two reasons: 1) Feltner asserted that Columbia was not the exclusive licensee of the series in question at the time they filed the lawsuit (and therefore lacked standing under the Copyright Act); and 2) following the District Court’s decision in favor of Columbia, Feltner appealed the decision, insisting that a jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
should decide the amount of the damages assessed instead. Eventually, The Supreme Court reversed the District Court’s decision, holding that the Seventh Amendment guaranteed Feltner the right to a jury trial "on all issues pertinent to an award of statutory damages under §§ 504(c) of the Copyright Act
Copyright Act
Copyright Act may refer to:Canada* Copyright Act of CanadaHong Kong*Copyright Ordinance 1997India*New Zealand* Copyright Act 1994United Kingdom...
, including the amount itself."
The decision ultimately backfired on Feltner, however, as the jury awarded damages to Columbia in an amount that was almost four times greater than the initial award. In both cases, it was the largest statutory damages
Statutory damages
Statutory damages are a damage award in civil law, in which the amount awarded is stipulated within the statute rather than being calculated based on the degree of harm to the plaintiff. Lawmakers will provide for statutory damages for acts in which it is difficult to determine a precise value of...
verdict in history.
Recent Activity
In 2010, Feltner was involved in the reissue of his film Carnival MagicCarnival Magic (film)
Carnival Magic is a 1981 American film directed by Al Adamson and starring Don Stewart. Originally intended as a family-oriented children’s film, it has since gained a cult following in underground and B movie film circles due to its surreal plot and incongruously-adult themes.-Plot:Markov the...
, contributing bonus material, commentary and a rare sit-down interview. He also introduced the film at an art-house premiere in Austin, Texas
Austin, Texas
Austin is the capital city of the U.S. state of :Texas and the seat of Travis County. Located in Central Texas on the eastern edge of the American Southwest, it is the fourth-largest city in Texas and the 14th most populous city in the United States. It was the third-fastest-growing large city in...
, that same year. According to The New York Times
The New York Times
The New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
, he is listed as being involved in producing a remake of Meet John Doe
Meet John Doe
Meet John Doe is a 1941 American comedy drama film directed and produced by Frank Capra, and starring Gary Cooper and Barbara Stanwyck. The film is about a "grassroots" political campaign created unwittingly by a newspaper columnist and pursued by a wealthy businessman. It became a box office hit...
, but this is unverified.
Further reading
Feltner v. Columbia Pictures Television, Inc. (1998)Feltner v. Columbia Pictures Television, Inc.
Feltner v. Columbia Pictures Television, Inc., 523 U.S. 340 , was a case in which the Supreme Court of the United States ruled, deciding, where there is to be an award of statutory damages in a copyright infringement case, if there is a right to demand a jury trial.C...
on Wikipedia
Wikipedia
Wikipedia is a free, web-based, collaborative, multilingual encyclopedia project supported by the non-profit Wikimedia Foundation. Its 20 million articles have been written collaboratively by volunteers around the world. Almost all of its articles can be edited by anyone with access to the site,...
.
External links
- Elvin Feltner at the Internet Movie DatabaseInternet Movie DatabaseInternet Movie Database is an online database of information related to movies, television shows, actors, production crew personnel, video games and fictional characters featured in visual entertainment media. It is one of the most popular online entertainment destinations, with over 100 million...
- Elvin Feltner - About This Person at The New York TimesThe New York TimesThe New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...